Should an Estate Executor Have a Lawyer?

 Posted on January 21, 2025 in Wills

Being named an estate executor is an honor. Most people appoint someone they were personally close to and trusted to oversee the probate process. The person who chose you to be her executor trusted you to advocate for her and make sure her will can be carried out after she passed away. You are not only tasked with speaking up for the decedent, but you also owe a fiduciary duty to the beneficiaries. Serving as an estate executor can be both a privilege and a source of stress. If you are not very familiar with probate proceedings, the entire process can seem daunting. Having an experienced Los Angeles, CA fiduciary representation attorney to guide you through your estate administration duties can keep the entire process stress-free for you and all the beneficiaries.

First-Time Executors Need Representation 

Probate proceedings can be tedious, confusing, and time-consuming. If you have not had experience dealing with probate courts, probating even a simple will for a small estate can be a challenge. It can take a year or more between the time you submit the will to the probate court and the day you are given final permission to begin distributing estate assets. As executor, you are responsible for overseeing the entire process.

You are likely to encounter some obstacles during the process. Property that was left to a particular individual might be missing from the estate, or you may have trouble locating a beneficiary. An attorney will be able to help you address the challenges of estate administration as they arise.

Dealing With Expected Contests or Challenges 

If you suspect that someone is going to challenge the will, you need to have an attorney involved from day one. In many cases, an attorney can head off potential challenges or be prepared to fight back. Often, there is a specific individual the executor is concerned will file a challenge - usually an adult child of the testator who was cut off. If this is the case, you should be represented when you start the administration process.

It is part of the executor’s duty to defend the estate when there is a will contest or challenge. A contest threatens the rights of the other beneficiaries. If estate litigation is threatened, you will want to act quickly to address the concern. Litigation can often be prevented through mediation, especially when all parties involved are family.

Contact a Los Angeles, CA Executor Representation Lawyer 

Law Office of David Schechet is committed to helping executors carry out their duties. Our experienced L.A. County, CA probate lawyers will guide you through each step of the probate process and address any challenges that may arise. Contact us at 800-282-4731 for a complimentary consultation.